Attachment 1 STATEMENT OF WORK.pdf

DHS Statement of Work (SOW)

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Federal Emergency Management Agency

STATEMENT OF WORK (SOW) FOR:

Site Preparation for Alternative Transportable Temporary Housing Units (ATTHUs) 767 Luakini Street, Lahaina, HI 96761

Demetria Carter, Contracting Officer

PROCUREMENT SENSITIVE INFORMATION

This document contains non-public information intended for use on a need-to-know basis within FEMA only. Please protect this document as procurement sensitive and handle accordingly.

DEPARTMENT OF HOMELAND SECURITY (DHS)

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STATEMENT OF WORK

Site Preparation for Alternative Transportable Temporary Housing Units (ATTHUs)

767 Luakini Street, Lahaina, HI 96761

U.S. Department of Homeland Security

Federal.Emergency.Management.Agency

Table of Contents

1. Background

2. Scope

3. Objective

4. Period of Performance

5. Place of Performance

6. General Roles and Responsibilities

7. Contractor Requirements

8. Stopping the Clock

9. Project Plan

10. Warranty

11. Contractor Personnel

12. Government Acceptance

13. Tasks/Deliverables

14. Security Requirements

15. Records Management Obligations

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1. Background

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, authorizes the U.S.

Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) to provide site preparation for transportable temporary housing units (TTHUs) to meet the housing needs of disaster survivors. The Stafford Act, Section 408(b)(2)(B), outlines the criteria for determining the types of assistance to be provided, including cost-effectiveness, timeliness, and other factors deemed appropriate by the President.

The effects of the August 2023 wildfire impacted the State of Hawaii causing widespread damage throughout large portions of the County of Maui. On August 10, 2023, President Biden issued a Major Disaster Declaration for Hawaii, designated as FEMA-DR-4724-HI, authorizing Individual Assistance (IA) for Maui County. Under Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, the Federal Emergency Management Agency (FEMA) is authorized to provide temporary direct housing to accommodate those affected by the disaster.

2. Scope

The contractor must provide all materials, equipment, labor, and supervision required to permit and construct a temporary group housing site for four (4) alternative transportable temporary housing units (ATTHUs) in compliance with Maui County codes and standards. Develop the site to operational status, allowing housing units to be placed within designated footprints on the drawings. The work includes site grading, minor hard surface placement, potable water utilities, sanitary sewer utilities, electric power services, and other miscellaneous site amenities as shown in the Drawings and Specifications titled “767 Luakini Street Temporary Housing Site,” attached as Appendix A and B.

3. Objective

To provide a safe, and cost-effective site preparation for transportable temporary housing units to meet the housing needs of disaster survivors in Maui County.

4. Period of Performance

The contractor shall provide an anticipated project timeline with their proposal, and a full project schedule within two (2) business days of award. The contractor’s ability to complete the project within a timely manner will factor into the award decision (see evaluation criteria for more information).

5. Place of Performance

The primary place of performance will be at 767 Luakini Street, Lahaina, HI 96761, as outlined in the Appendix A drawings. It shall be at the contractor’s discretion and responsibility to secure any additional space(s) that may be needed to complete the project.

6. General Roles and Responsibilities

The contractor roles and responsibilities are contingent on the services required specific to the disaster event and subject to the Long Term Recovery Office (LTRO) guidance via direction from the Contracting Officer (CO) or Contracting Officer Representative (COR). The required services for site preparation include Maui County permitting, civil, and electrical construction.

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Contractor Roles and Responsibilities

The contractor shall comply with the following (reference SOW Tasks/Deliverables Section for applicable timelines):

1. Perform work in accordance with all Federal, state, and local laws, rules, and regulations, including all applicable Maui County codes and standards.

2. Obtain and provide appropriately licensed staff and/or subcontractors, where required, to perform the work provided for in this SOW. This may include archeological monitors, cultural monitors, drivers, laborers, carpenters, electricians, plumbers, pest control specialists, construction workers, engineers, and other disciplines not listed here, as needed, for the performance of the work outlined herein.

3. Actively coordinate with the FEMA COR or designee and notify COR or designee immediately of any potential constraints regarding any of the work provided for in this contract.

4. Obtain all necessary permits unless specifically noted otherwise.

5. Perform work and tasks on time. Ensure contractor performance meets the requirements outlined in this contract.

6. Furnish all labor, tools, and equipment necessary to fulfill the requirements of the contract.

7. Dispose of all waste associated with any work performed pursuant to this SOW in compliance with all Federal, state, and local laws, regulations. This includes, but is not limited to, construction debris, spent fuels, batteries, refrigerants, tires, etc. Under no circumstances will tires and other hazardous materials be stored on FEMA sites occupied by disaster survivors. The contractor shall pay any fees associated with the removal and disposal of any waste, including hazardous or special waste, generated by the contractor in performance of this contract and its associated tasks.

8. Comply with all contractor safety guidelines, as summarized below:

A. Furnish all required safety equipment and/or clothing, which may be required for personnel as mandated by Federal, State, and local code (whichever is more stringent).

Maintain a safe working environment for the contractor’s employees, FEMA staff, other contractors, and the public. At no time leave unattended or otherwise unprotected, any excavation or safety hazard that might cause injury to persons.

B. Comply with the Department of Labor and the Occupational Safety and Health Administration (OSHA) safety regulations, as well as any other Federal, state, county and local laws, codes and ordinances, whichever is more stringent. OSHA regulations can be found on the internet at: https://www.osha.gov/laws- regs.

C. Keep employees safe and develop policies and procedures for notifying FEMA of any potential security or safety issues. Immediately contact the COR if any security or safety issues arise.

9. Coordinate among all participants and entities, including local building official(s), utility providers, permit office(s), applicable ports of call, and law and code enforcement.

10. Maintain accurate records and provide all written reports outlined in the Tasks/Deliverables section in electronic format with read/write capability using applications that are compatible with DHS workstations (Windows XP and Microsoft Office Applications).

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11. Adhere to all applicable Federal, state, and Maui County building regulations, codes, and ordinances. For more information, see https://library.municode.com/hi/county_of_maui/codes/code_of_ordinances

12. Assume responsibility for confirming the accuracy of all written and oral information provided.

13. Comply with the Contract Project Management (CPM) schedule, as described below:

A. Chart the actual daily progress and deliver the annotated schedule to the CO/COR. This daily report includes staff on site, equipment on site, materials delivered/used, testing performed, production achieved, irregularities encountered, communication with AHJ representatives, and other pertinent events. This report also includes any island weather updates that may affect the work progress. If the contractor falls behind the approved schedule, the CO may require steps to improve progress, including increasing shifts and/or overtime operations, without additional cost to the Government.

B. Failure to comply with the CO's requirements may result in a determination that the contractor is not executing the work with sufficient diligence, leading to potential termination of the contractor’s right to proceed with the work.

14. The contractor shall be responsible for all travel expenses incurred in the performance of this contract.

This includes, but is not limited to, transportation, lodging, meals, and any other related costs. The government will not reimburse the contractor for any travel expenses.

Government Roles and Responsibilities

FEMA's scope of services may vary based on the event's needs and the contractor's or other agencies' scope of services. To support contractor activities related to the development of the site, FEMA will:

1. Provide instructions to the contractor for appropriate courses of action concerning differing and unforeseen site conditions.

2. Provide the contractor with approvals and applicable feedback regarding contractor submitted cost proposals, clock stops, miscellaneous inquiries, and written reporting.

3. Provide the contractor with responses to contractor Requests for Information (RFI) within two (2) business days of submittal.

4. The Government will not furnish any resources to the Contractor in support of this contract.

7. Contractor Requirements

1. Permits, Bonds, and Insurance: The contractor must obtain all necessary permits, bonds, and insurance, including all licenses required to do business in the County of Maui. The expenses for these licenses and permits will be included in the base bid.

2. Workmanship Quality: Ensure all work is of professional quality and meets industry standards for functionality and appearance.

3. Identification: Ensure that contractor staff always display appropriate identification while in the field. At a minimum, Contractor badging shall have employee name, photograph, and company they represent.

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4. Coordination: Actively coordinate with the FEMA COR and notify them immediately of any potential constraints regarding any of the work provided for in this SOW. Collaborate with all authorities having jurisdiction (AHJs) to meet Federal, state, and local requirements.

5. Quality Control Management: Maintain a Quality Control management system to ensure that the finished site meets the requirements of this contract. Submit inspection records to the CO/COR weekly or as requested.

6. Quality Assurance Inspections: The Government shall conduct Quality Assurance (QA) inspections across all aspects of the contract, as determined by the CO. The Contractor shall provide access and coordination with the CO to allow QA inspections at the time and place requested by the government.

7. Project Manager Availability: Ensure the Project Manager is available on-ground and via telephone to the COR between the hours of 7:00 am and 5:00 pm Hawaii time, Monday through Friday, on-call Saturday and Sunday. Respond to requests for discussion or resolution of technical problems. Any calls outside of normal business hours will be for emergencies and requires a response back to the COR within one (1) hour.

8. Clock Stops: When an issue that requires a clock stop is resolved, notify the COR in writing and request that the clock be restarted. Clock stops are at the discretion of the COR. If the COR determines the clock stop system is abused (excessive, unwarranted, or improper usage), they may decide there will be no additional clock stops during the period of performance for the task or work order.

9. Warranty Repairs: During the warranty period, make necessary repairs/replacements within two (2) calendar days unless approved for additional time by the FEMA CO or COR.

10. Record Documents: Include any reports/documentation related to site work, including inspection or testing reports, surface treatments, and other items noted elsewhere. Include a complete approved submittal package detailing actual components utilized.

8. Stopping the Clock

Stopping the clock will be used as part of the calculations for contractor performance. A clock stop is a request from the contractor to FEMA to pause the performance clock for delays outside the contractor’s control. Due to the nature of the work, circumstances may arise that hinder the completion of work within the required timeframe. Examples include waiting for the local utility to provide electricity or for the local authority having jurisdiction (AHJ) to issue a required permit.

When such issues occur, the contractor may request that the performance clock be stopped until the issue is resolved. To request a clock-stop, the contractor must submit a written request (either hard copy or email) to the COR, including:

1. The installation location.

2. The reason for stopping the clock.

3. The anticipated length of the clock-stop.

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If there are known pre-defined issues that could hinder the completion of work within the required timeframe, the contractor may request a modification to the task order in advance to stop the performance clock for these issues. Once the COR approves the clock stop, the time lapse during the clock stop will not count against the contractor’s performance requirement for the deliverable. However, failure to promptly submit complete permit applications, service requests, purchase orders, or similar items with known lead times, or to promptly and completely respond to subsequent comments or inquiries, is not justification for a clock stoppage. Additionally, the contractor must demonstrate that the delayed item is on the critical path; only the days on the critical path will be considered for a clock stoppage.

9. Project Plan

The Contractor is responsible for developing a comprehensive Project Plan, due within two (2) business days after award. This plan must be coordinated with the FEMA COR and include a detailed schedule showing the order and dates for performing the work, including dates for required submittals and acquiring materials, plant, and equipment. The schedule must, at a minimum:

1. Show sufficient detail to reflect the major activities of the project and their interdependencies.

2. Identify the critical path of the project in accordance with specific contract requirements.

3. Show a logical and reasonable order of tasking.

4. Establish reasonable production rates for the contract requirements.

5. Include Project Start and Project Completion dates.

The Contractor shall submit the Project Plan for Government approval before commencing any work. The schedule must demonstrate a reasonable and realistic sequence of activities covering the entire contract performance period. The level of detail shall be appropriate as determined by the Contracting Officer. The Contractor shall update the schedule as necessary to account for acceleration, delays, or other modifications for the Contractor’s convenience. The schedule shall be updated at least weekly.

The Contractor shall attend a Post Award Conference with the Contracting Officer and the COR no later than three

(3) business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract and review the Contractor's project plan.

10. Warranty

The Contractor warrants and guarantees to the Government that all work will be in accordance with the Contract Documents and will not be defective for one (1) calendar year from the date of substantial completion. Within this one-year warranty period, if any work is found to be defective, the Contractor shall immediately repair the

Learn more at fema.gov July 2025 8 deficiencies to the condition described in the contract documents, unless otherwise mutually agreed upon with the Government.

11. Contractor Personnel

1. Qualified Personnel: The Contractor must provide qualified personnel who meet Federal, State, and Local regulations to perform all requirements specified in this SOW. The Contractor shall furnish all management, supervision, personnel, tools, equipment, materials, transportation, and supplies necessary to perform services on or off the island, as defined by this SOW.

2. Licensing: The Contractor shall ensure that all trades staff and other required personnel are licensed in good standing according to relevant codes and ordinances. The Contractor shall report this information to FEMA and update FEMA with the names of licensed individuals and their associated positions or functions when changes occur.

3. Required Personnel:

A. Project Manager: The Contractor shall provide a Project Manager responsible for all Contractor work performed under this SOW. The Project Manager shall be the single point of contact for the CO and the COR. The Contractor shall provide the names of the Project Manager and any alternates in the proposal. During the Project Manager's absence, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates must be able to read, write, speak, and understand English. The Contractor shall not replace the Project Manager without prior approval from the CO.

The Project Manager shall be available to the COR via telephone between 7:00 am and 5:00 pm HST, Monday through Friday, and shall respond to requests for discussion or resolution of technical problems within one (1) business day of notification.

Additionally, a point of contact shall be provided for site activity during off-hours (nights, weekends, holidays).

4. Employee Identification: Contractor employees visiting Government facilities shall comply with FEMA security and badging requirements. They must comply with all Government escort rules and requirements. Contractor employees shall identify themselves as Contractors when their status is not readily apparent and always display identification and visitor badges in plain view above the waist. On-site employees at Government facilities shall wear a Government-issued identification badge unless the COR accepts Contractor badging. Contractor badges must include the employee's name, company, and a photo. Badges shall be worn in plain sight within all Government facilities and at FEMA sites.

5. Employee Conduct: Contractor employees shall comply with all applicable Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off-limits” areas, DHS/FEMA logos, and possession of weapons) when visiting or working at Government sites and facilities. The Contractor shall ensure that employees always present a professional appearance and that their conduct does not reflect discredit on the United States or the Department of Homeland Security. The Project Manager shall ensure that employees understand and abide by DHS-established rules, regulations, and policies concerning safety and security. Appropriate personal protective equipment (PPE) shall be worn when applicable

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6. Removing Employees for Misconduct or Security Reasons: The Government may, at its sole discretion (via the CO), direct the Contractor to remove any employee from DHS facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the required services under the contract. The CO will provide the Contractor with a written explanation to support any request to remove an employee.

12. Government Acceptance

1. Review Process: In accordance with FAR 52.246, the COR will review deliverables and email the contractor with reasons for non-acceptance or confirmation of acceptance.

2. Right to Reject or Correct: The COR has the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. If a deliverable is rejected, the COR will notify the Contractor in writing of the specific reasons for rejection. The Contractor will have the opportunity to correct the rejected deliverable and return it according to the delivery instructions.

3. Review and Correction Timeline: The COR will have two (2) business days to review deliverables and provide comments. The Contractor will have two (2) business days to make corrections and redeliver the revised deliverables.

4. Agreed Review Times and Schedules: All other review times and schedules for deliverables shall be agreed upon by the parties based on the final approved Project Plan. The Contractor is responsible for timely delivery to Government personnel in the agreed-upon review chain at each stage of the review. The Contractor shall work with personnel reviewing the deliverables to ensure that the established schedule is maintained.

13. Task/Deliverables

ITEM

SOW

REFERENCE

DELIVERABLE/EVENT DUE BY DISTRIBUTION

1 9 Project Plan (2) business days after award

COR, Contracting Officer

2 6.4 County Submittals

(2) business days after award, unless otherwise noted

COR, Contracting Officer

3 9 Post Award Conference (3) business days after award N/A

4 6.13 Contract Management Plan (CPM) Schedule (Daily Progress) Daily after award COR, Contracting Officer

5 7.6 Final Inspection/Punch List Prior to completion COR, Contracting Officer

6 7.10 Record Documents Upon completion COR, Contracting Officer

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14. Security Requirements

Contractor access to classi ed information is not currently required under this SOW. However, the Government at a later date may require Contractor personnel to have Secret clearances. Accordingly, all Contractor employees provided for this requirement must be eligible for a Secret Clearance.

1. For Official Use Only (FOUO) Information

In accordance with DHS Management Directive 11042.1 contractors, consultants, and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities.

The contractor shall:

A. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

B. Participate in formal classroom or computer-based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

C. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

D. Contractors and Consultants shall execute a DHS Form 11000-6, Sensitive but Unclassified Information Non-Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an NDA as determined by the applicable program manager.

Execution of the NDA shall be effective upon date of the DHS Policy and not applied retroactively.

2. Employee Conduct

The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security.

The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

The Government may, at its sole discretion (via the Contracting Officer), direct the Contractor to remove any Contractor employee for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

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3. Separation From Contract

The Contractor shall notify the FEMA COR of all terminations/resignations within five (5) calendar days of occurrence.

A. When no longer needed for contract performance.

B. Upon completion of a contractor employee’s employment.

C. Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

15. Records Management Obligations

1. Applicability: This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, regardless of the medium in which the record exists.

2. Definitions: “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

A. Includes FEMA records.

B. Does not include personal materials.

C. Applies to records created, received, or maintained by Contractors pursuant to their FEMA contract.

D. May include deliverables and documentation associated with deliverables.

3. Requirements A. Contractor shall comply with all applicable records management laws and regulations, as well as

National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the

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Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

B. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

C. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created while performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

D. FEMA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of FEMA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to FEMA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

E. The Contractor shall immediately notify the appropriate CO upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment.

Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the TO SOW. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to FEMA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the CO or address prescribed in the TO SOW. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

F. The Contractor is required to obtain the CO’s approval prior to engaging in any contractual relationship (sub- contractor) in support of this contract requiring the disclosure of

Learn more at fema.gov July 2025 13 information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and FEMA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

G. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with FEMA policy.

H. The Contractor shall not create or maintain any records containing any non-public FEMA information that are not specifically tied to or authorized by the contract.

I. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

J. The FEMA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which FEMA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.